Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:00-cv-00820-PCD

Document 91

Filed 07/05/2005

Page 1 of 6

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA : : PLAINTIFF, : : v. : CIVIL NO. H-85-1078(PCD) : 43.47 ACRES OF LAND, MORE OR : LESS, SITUATED IN THE COUNTY OF : LITCHFIELD,TOWN OF KENT, ET AL.,: : DEFENDANTS, : ----------------------------------------------------------------SCHAGHTICOKE TRIBAL NATION, : : PLAINTIFF, : : v. : CIVIL NO. 3:98CV1113(PCD) : KENT SCHOOL CORPORATION, : INC. ET AL, : : : DEFENDANTS, : ----------------------------------------------------------------SCHAGHTICOKE TRIBAL NATION, : : PLAINTIFF, : : v. : CIVIL NO. 3:00CV0820(PCD) : THE UNITED STATES OF AMERICA AND: THE CONNECTICUT LIGHT AND POWER : COMPANY, : : DEFENDANTS, : July 2, 2005 SCHAGHTICOKE INDIAN TRIBE'S MOTION FOR PERMISSION TO FILE A LATE RESPONSE PLEADING

Case 3:00-cv-00820-PCD

Document 91

Filed 07/05/2005

Page 2 of 6

The undersigned attorney states as follows: 1. On Thursday, June 23, 2005 the attorney for the Schaghticoke Indian Tribe received This Court's Order, dated June 17, 2005, by U.S. Mail, ordering that all opposition Briefs to the Schaghticoke Tribal Nation(STN)'s Motion to Amend Scheduling Order, and request therein for an expedited briefing schedule, must be filed with the Court no later than June 30, 2005. 2. The undersigned counsel had not at that time received any such motion. 3. On Friday, June 24, 2005 the undersigned counsel called Attorney Eric Wiechmann, attorney for the STN, and left a voice message for him, indicating the lack of receipt and requested a faxed copy of the motion. 4. On Friday, June 24, 2005 the undersigned counsel called U. S. Attorney John Hughes and informed him of the same. 5. On Friday afternoon, June 24, 2005 the undersigned counsel received a faxed copy of the motion from the Office of the U.S. Attorney. 6. On Monday, June 27, 2005 the undersigned counsel received a faxed copy of the motion from Attorney Eric Wiechmann. 7. Due to the expedited time constraints and the lateness in receiving the motion, the SIT's response pleading could not be filed within the time frame ordered by the Court.

2

Case 3:00-cv-00820-PCD

Document 91

Filed 07/05/2005

Page 3 of 6

8. The undersigned counsel called all of the parties and as of the date of this pleading, there has been no objection to the late filing of the attached response pleading. Wherefore, in the interest of justice, the undersigned requests permission to file late, the attached Schaghticoke Indian Tribe's Response Pleading.

RESPECTFULLY SUBMITTED, THE SCHAGHTICOKE INDIAN TRIBE By: __________________________ Michael J. Burns (CT 22230) Law Offices of Attorney Michael J. Burns 57 Pratt Street, Suite 604 Hartford, CT 06103 Tel. (860) 246-6400 CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing motion, and attached response pleading has been mailed, postage prepaid this 2nd day of July 2005 to: Eric Wiechmann, Esq. McCarter & English, LLP CityPlace I 185 Asylum Street Hartford, CT 06103-3495

3

Case 3:00-cv-00820-PCD

Document 91

Filed 07/05/2005

Page 4 of 6

John B. Hughes Chief of Civil Division United States Attorney's Office 157 Church Street, Floor 23 New Haven, CT 06510

James R. Fogarty, Esq. Fogarty,Cohen,Selby & Nemiroff, P.C. 88 Field Point Road Post Office Box 2508 Greenwich, CT 06836-2508 David J. Elliot, Esq. Day,Berry & Howard CityPlace I Hartford, CT 06103-3499 Giovanna Tiberii Weller, Esq. Carmody & Torrance 50 Leavenworth Street Post Office Box 1110 Waterbury, CT 06721-1110 Jeffrey B. Sienkiewicz, Esq. 9 South Main Street Post Office Box 786 New Milford, CT 06776-0786 Loretta Bonos 594 Bendview drive Charleston, WV 25314 Robert A. Slavitt, Esq. Slavitt,Connery, & Vardamis

4

Case 3:00-cv-00820-PCD

Document 91

Filed 07/05/2005

Page 5 of 6

618 West Avenue Norwalk, CT 06850 Thomas A. Gugliotti, Esq. Updike, Kelly & Spellacy One State Street Hartford, CT 06123 Mark S. Kohler, Esq. Susan Quinn Cobb, Esq. Assistant Attorney General 55 Elm Street Hartford, CT 06141 Renita Ford, Esq. General Litigation Section Environmental & Natural Resources Division United States Department of Justice Post Office Box 663 Washington, D.C. 20004-0663 Scott Keep, Esq. Office of the Solicitor U.S. Department of the Interior 1849 C Street, NW-Mailstop 6456 Washington, D.C. 20240

_____________________ Michael J. Burns (CT 22230)

5

Case 3:00-cv-00820-PCD

Document 91

Filed 07/05/2005

Page 6 of 6

6